ROBERT SPITZER 

FAA OFfiCE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

R D 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-1417 

FACSIMILE: (425)227-1007 

HEARING DOCKET 

~0 \c:) ~ d.-L\L\5 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS .. ··--·----· ----------\~~,t\\ca8HING'I'-QN,-D.G.--. --

In the Matter of: 

Rotor FIX LLC FAA Case No. 2013WP910153 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 Code of Federal Regulations (C.P.R.) Section 

13.208), and states as follows: 

I. 

On July 21,2015, Rotor FIX LLC (Rotor), was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$9,625. 

On July 28, 2015, Rotor submitted a written request for a hearing. 

II. 

1. Rotor is now, and at all times mentioned herein, authorized to conduct commercial air 

tour operations pursuant to 14 Code of Federal Regulations (C.P.R.) Section 91.147. 

2. At all times relevant herein, Rotor was required to comply with the requirements of 

14 C.P.R. Part 120 and 49 C.P.R. Part 40 for its drug and alcohol testing program. 

COMPLAINT 

FAA v Rotor FIX LLC 

FAA Case No. 2013WP910153 

Page 2 of7 

ROBERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
3. On or about July 26,2012, Rotor hired John Mowatt as a pilot to perfom1 safetysensitive functions. 

4. At the time that John Mowatt was hired, Rotor had not conducted a pre-employment 

drug test, nor had it received a verified negative drug test result for John Mowatt. 

5. John Mowatt subsequently conducted fom ( 4) flights as pilot-in-command pmsuant to 

Rotor's 14 C.F .R. Section 91.14 7 air tom authorization. 

6. On or about August 9, 2012, Rotor hired James Ivy as an Airframe and Powerplant 

mechanic to perform safety-sensitive functions. 

7. At the time that James Ivy was hired, Rotor had not conducted a pre-employment 

drug test, nor had it received a verified negative drug test result for James Ivy. 

8. James Ivy subsequently performed safety sensitive functions, specifically maintenance 

work on an aircraft used in Rotor's 14 C.F.R. Section 91.147 operations. 

9. Rotor hired the following individuals to perform safety-sensitive functions: 

a. Mark Aletky on or about July 26, 2012; 

b. Dane Helvig on or about October 29, 2012; 

c. James Ivy on or about August 9, 2012; 

d. George Marciniw on or about October 17, 2012; 

e. John Mowatt on or about July 26, 2012; 

f. William Rembert on or about August 9, 2012; 

g. Robert Settle on or about July 26, 20 12; 

h. James Valenzuela on or about March 27, 2013; and 

1. Kevin Kahl on or about August 13, 2012. 

1 0. Rotor failed to ask the employees, described in paragraph 9 above, whether they had 

tested positive or refused to test on any pre-employment drug or alcohol test 

administrated by an employer for which the employee applied for, but did not obtain, 

safety-sensitive transportation work covered by Department of Transportation (DOT) 

agency drug and alcohol testing rules dming the past two (2) years. 

COMPLAINT 

FAA v Rotor FIX LLC 

FAA Case No. 2013WP910153 

Page 3 of7 

ROBERT SPITZER, f AAATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
11. Rotor failed to provide educational materials that explained alcohol testing 

requirements and its policies and procedures with respect to meeting the testing 

requirements. 

12. Rotor failed to ensure that a copy of the materials described in paragraph 11 above 

were distributed to each covered employee prior to the start of alcohol testing under 

Rotor's FAA mandated alcohol testing program. 

.. _ -· __ __ll._Rotodaile_dto_ha.Y.eits...Emplo¥ee.Assistance..Er.ogram__(EAI'_)Jnclude_dis.pla~r_and___ _ __ _ 

distribution of informational material, a community service hot-line telephone number 

for employee assistance, and Rotor's policy regarding drug use in the workplace. 

14. Rotor failed to implement a reasonable program of initial training for its employees, 

including at least the effects and consequences of drug use on individual health, 

safety, and work environment. 

15. Rotor failed to implement a reasonable program of initial training for employees 

including at least the manifestations and behavioral cues that may indicate drug use 

and abuse. 

III. 

1. By reason of the foregoing facts and circumstances, Rotor violated the following sections 

of the Federal Aviation Regulations (14 C.F.R.): 

a. Section 120.1 09(a)(l ), in that Rotor hired individuals for safety-sensitive functions 

listed in 14 C.F.R. Section 120.105 when Rotor had not first conducted a preemployment test and received a verified negative drug test result for those individuals; 

b. Section 120.223(a)(1), in that Rotor failed to provide educational materials that explain 

the alcohol testing requirements and Rotor's policies and procedures with respect to 

meeting to those requirements to each covered employee prior to the start of alcohol 

testing under Rotor's FAA-mandated alcohol testing program; 

c. Section 120.115(b), in that Rotor's EAP testing program did not include at least (i) 

display and distribution of informational material, (ii) display and distribution of a 

community service hot-line telephone number for employee assistance, and (iii) display 

and distribution of the employer's policy regarding drug use in the workplace; and 

COMPLAINT 

FAA v Rotor FIX LLC 

FAA Case No. 2013\\'1'910153 

Page 4 of7 

ROBERT SPITZER, FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
d. Section 120.115( c )(1 ), in that Rotor failed to implement a reasonable program of initial 

training for employees that included at least (i) the effects and consequences of drug use 

on individual health, safety, and work environment, (ii) the manifestations and 

behavioral cues that may indicate drug use and abuse. 

e. Rotor additionally violated 49 C.F.R. Section 40.25(j) in that Rotor failed to ask the 

above-listed employees whether they had tested positive, or refused to test, on any pre-

------- ~---- - ---emple-yment-drug-er-aleehel-t-est-aclmi-nisterefr-by-aR-empleyer-te-whieh-the-emp-loyeeapplied for, but did not obtain, safety-sensitive transportation work covered by DOT 

agency drug and alcohol testing rules during the past two (2) years. 

2. In accordance with Sections 4630l(a) and (d) of Title 49 of the United States Code 

(U.S.C.) (Transportation) [49 U.S.C. Sections 46301(a) and (d)], Rotor is liable for a civil 

penalty not to exceed $11,000 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of$9,625 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an Order that Rotor be assessed a civil penalty in the amount of $9,625. 

Respectfully submitted this 11th day of August, 2015. 

Robert Spitzer 

FAA Attorney 

COMPLAINT 

FAA v Rotor FIX LLC 

FAA Case No. 2013WP910153 

Page 5 of7 

ROBERT SPITZER, FAA AITOR:."\!EY 

TEL: (425) 227-1417: FAX: (425) 227-1007 
ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, Rotor FIX LLC, must 

answer this Complaint not later than thirty (30) days from the time it is served on it. Failure to 

file an Answer within thirty (30) days without good cause shall be deemed an admission of the 

truth of each allegation contained in the Complaint [14.C.F.R. § 13.209(f)J. 

COMPLAINT 

FAA v Rotor FIX LLC 

FAA Case No. 2013WP910153 

Page 6 of7 

ROBERT SPITZER, FAA AITOR.."'!EY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been served via facsimile and Certified Mail -

Return Receipt Requested this date, to the following: 

Federal Aviation Administration 

800 Independence Avenue SW 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 ---~--~wa:sfi}ngton;~u:czos91~~ ~~~---~-~~~ 

COMPLAINT 

FAA v Rotor FIX LLC 

Fax: (202) 267-1293 

President 

Rotor FIX LLC 

16209 Victory Blvd #267 

VanNuys, CA91406 

Dated this 11th day of August, 2015. 

1\ rri Kirk 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, W A 98057 

( 425) 227-2007 

ROBERT SPITZER. FAA ATTORNEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 

FAA Case No. 2013WP910153 

Page 7 of7 
Rotor F/X LLC 

16209 Victory Blvd #267 

Van Nuys, CA 91406 

July 28, 2015 

Federal Aviation Administration 

H 

.. . Attention:..Hearing.DockeLCierk,.AGC~430_ .. _ 

Wilbur Wright Building - Suite 2W1 000 

800 Independence Avenue SW 

Washington, DC 20591 

To Whom It May Concern: 

. I D 

·1 7 2015 

11\lG DOCKET Regional Counsel 

AUG 1 0 2015 

ANM~'1 

In response to FAA Case No. 2013WP910153, Rotor F/X LLC would like to request a hearing 

for this matter. 

If you should have any questions, please contact us at 818.462.3333. 

Sincerely, d/1. ~ -H~f-:?"'"-
U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

August 11,2015 

Northwest Mountain Region 

Office of Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W 

Renton, Washington 98057 

Tel: (425) 227-1417 

Fax: (425) 227-1007 

robertspitzer@faa.gov 

VIA FACSIMILE AND CERTIFIED MAIL -RETURN RECEIPT REQUESTED 

Attn·· HearingDockerClerk;AGc~zr3·o --

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg -- Room 2Wl 000) 

800 Independence Avenue S.W. 

Washington, D.C. 20591 

Re: In the Matter of Rotor FIX LLC, FAA Case No. 2013WP910153 

AUG 17 20!5 

Enclosed is an original and one copy of a request for hearing and Complaint in the abovereferenced proceeding. 

The Federal Aviation Administration (FAA) requests that the hearing in this matter be held in Los 

Angeles, California, and expects that the hearing will last one (I) day. 

For scheduling purposes, FAA attorney, Robert Spitzer will be unavailable August 24, 2015 through 

August 28, 2015; and .November 16,2015 through November 27, 2015. 

Please address all communications for the FAA to the undersigned at: 

Sincerely, 

FAA 

Ro~itzer Attorney 

RS/tek 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: (425) 227-1847 

FAX: (425) 227-1007 

Enclosures: Request for Hearing (Appeal) 

Complaint